Application and Mitigation Requirements

Application and Mitigation Application and Mitigation RequirementsRequirements

Information required to process Section Information required to process Section 404 Clean Water Act (CWA) and 404 Clean Water Act (CWA) and

Section 10 Rivers and Harbors Act of Section 10 Rivers and Harbors Act of 1899 (RHA) applications1899 (RHA) applications

US Army Corps of EngineersUS Army Corps of EngineersOrganizationOrganization

8 Divisions - 8 Divisions - Ex. Great Lakes and Ohio River- Ex. Great Lakes and Ohio River- CincinnatiCincinnati

38 Districts Nationwide38 Districts Nationwide 7 Districts comprise the Lakes and River 7 Districts comprise the Lakes and River

DivisionDivision -Louisville District -Buffalo District-Louisville District -Buffalo District

-Chicago District -Detroit District-Chicago District -Detroit District

-Huntington District -Nashville District-Huntington District -Nashville District

-Pittsburgh District-Pittsburgh District

Louisville District BoundaryLouisville District Boundary

Newburgh Regulatory OfficeNewburgh Regulatory Office

AUTHORITYAUTHORITY

The Corps of Engineers exercises jurisdiction The Corps of Engineers exercises jurisdiction on navigable and other “waters of the United on navigable and other “waters of the United States” under Section 10 of the Rivers and States” under Section 10 of the Rivers and

Harbors Act (RHA) of 1899 and Section 404 Harbors Act (RHA) of 1899 and Section 404 of the Clean Water Act (CWA)(1972)of the Clean Water Act (CWA)(1972)

Section 10 RHASection 10 RHA

Section 10 protects navigation interests and Section 10 protects navigation interests and prohibits obstruction or alteration of navigable prohibits obstruction or alteration of navigable waters.waters.

Prior authorization required for any work proposed Prior authorization required for any work proposed in, on, over, and/or under navigable waters.in, on, over, and/or under navigable waters.

- - Examples: Fleeting, loading/unloading facilities, marinas, Examples: Fleeting, loading/unloading facilities, marinas, commercial dredging, maintenance dredging, utility commercial dredging, maintenance dredging, utility

lines, underground mining.lines, underground mining.

Examples of Navigable Section 10 Examples of Navigable Section 10 Waters within the Louisville DistrictWaters within the Louisville District

Ohio RiverOhio River Wabash River – Wabash River – Mouth to Wells/Adams Co. Line (441.9 miles)Mouth to Wells/Adams Co. Line (441.9 miles)

White River – White River – 66.2 miles above mouth66.2 miles above mouth

East Fork White River – East Fork White River – 21.9 miles above mouth21.9 miles above mouth

Various Creeks, Backwater affects Various Creeks, Backwater affects Ex. Pigeon Ex. Pigeon

Creek Creek 5.9 miles5.9 miles

Complete Section 10 water list published on Complete Section 10 water list published on Public Notice 83-LD-016 Public Notice 83-LD-016 http://www.lrl.usace.army.mil/http://www.lrl.usace.army.mil/

Section 404 of the CWASection 404 of the CWA

““Waters of the United States” includes Waters of the United States” includes wetlands, streams, rivers, lakes, ponds, wetlands, streams, rivers, lakes, ponds, natural or manmade.natural or manmade.

Discharge of dredged or fill material into Discharge of dredged or fill material into “waters of the United States” requires prior “waters of the United States” requires prior authorization under Section 404.authorization under Section 404.

Non-jurisdictional “Waters” under Non-jurisdictional “Waters” under Section 404 CWA Section 404 CWA

Water bodies that do not have a Water bodies that do not have a conveyance to other “Waters of the United conveyance to other “Waters of the United States”States”

Water treatment systems constructed and Water treatment systems constructed and maintained in compliance with Section 402 maintained in compliance with Section 402 CWACWA

Ex: Isolated Depressional areas/potholes, upland lakes/ponds withoutEx: Isolated Depressional areas/potholes, upland lakes/ponds without

surface connections (spillway), waste water treatment systemssurface connections (spillway), waste water treatment systems

Determining Limits of JurisdictionDetermining Limits of Jurisdiction

WETLANDSWETLANDS - 1987 Corps of Engineers Wetland - 1987 Corps of Engineers Wetland

Delineation ManualDelineation Manual- 3 parameters required for wetland- 3 parameters required for wetland - Hydric Soils- Hydric Soils

- Hydrophytic Vegetation- Hydrophytic Vegetation- Hydrology- Hydrology

*Note – In the process of being regionalized.*Note – In the process of being regionalized.


Rivers and StreamsRivers and Streams““Ordinary high water mark"Ordinary high water mark" means that line on means that line on the shore established by the fluctuations of water the shore established by the fluctuations of water and indicated by physical characteristics such as and indicated by physical characteristics such as clear, natural line impressed on the bank, clear, natural line impressed on the bank, shelving, changes in the character of soil, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means of litter and debris, or other appropriate means that consider the characteristics of the surrounding that consider the characteristics of the surrounding areas. areas.


Ephemeral Stream: An ephemeral stream has flowing water only during and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.


Intermittent Stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.


Perennial Stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

IMPORTANTIMPORTANT

Any active mine operations that require the Any active mine operations that require the discharge of dredged or fill materials into discharge of dredged or fill materials into “waters of the United States” that are not “waters of the United States” that are not currently authorized under Section 404 currently authorized under Section 404

CWA or Section 10 RHA CWA or Section 10 RHA mustmust contact the contact the Corps Immediately. Corps Immediately.

Authorization TypesAuthorization Types

Standard Permits (i.e. Individual Permit)Standard Permits (i.e. Individual Permit)

General Permits (e.g. NWP 21, NWP 14)General Permits (e.g. NWP 21, NWP 14)

Useful GuidanceUseful Guidance US Army Corps of Engineers US Army Corps of Engineers Standard Operating Procedures Standard Operating Procedures

for Nationwide Permit 21for Nationwide Permit 21 Processing March 19, 2004 Processing March 19, 2004

US Army Corps of Engineers US Army Corps of Engineers Louisville District Mitigation Louisville District Mitigation GuidelinesGuidelines issued September 22, 2004 issued September 22, 2004

Regulatory Guidance Letter, No. 02-2, December 24, 2002, Guidance on Compensatory Mitigation Projects for Aquatic Resource Impacts Under the Corps Regulatory Program Pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899

www.lrl.usace.milwww.lrl.usace.mil

http://www.lrl.usace.mil/

Application RequirementsApplication Requirements(All Permit Types)(All Permit Types)

Requirements for a complete Pre-Requirements for a complete Pre-Construction Notification (PCN) when Construction Notification (PCN) when

submitting for a Nationwide Permit #21, submitting for a Nationwide Permit #21, Surface Coal Mining ActivitiesSurface Coal Mining Activities, or for an , or for an

Individual Permit.*Individual Permit.*

* Note: The Corps determines appropriate authorization type* Note: The Corps determines appropriate authorization type

Public Interest FactorsPublic Interest Factors

ConservationConservation EconomicsEconomics AestheticsAesthetics General Environmental General Environmental

ConcernsConcerns WetlandsWetlands Fish and Wildlife ValuesFish and Wildlife Values Historic PropertiesHistoric Properties Flood HazardsFlood Hazards Flood Plain ValuesFlood Plain Values Land UseLand Use

NavigationNavigation Shoreline erosion & accretionShoreline erosion & accretion RecreationRecreation Water supply & conservationWater supply & conservation Water qualityWater quality Energy NeedsEnergy Needs SafetySafety Food & fiber productionFood & fiber production Mineral needsMineral needs Property ownershipProperty ownership Needs & welfare of peopleNeeds & welfare of people

Project PurposeProject Purpose

Thoroughly describe the project’s purpose.Thoroughly describe the project’s purpose.

Drainage AreaDrainage Area

Identify each watershed within which the Identify each watershed within which the project area lies.project area lies.

Provide the drainage area (acreage) for Provide the drainage area (acreage) for each watershed.each watershed.

FillFill

Describe the type and quantity of dredged or Describe the type and quantity of dredged or fill material proposed to be discharged into fill material proposed to be discharged into

“waters.” “waters.”

TimeTime

Provide the date that you propose to begin Provide the date that you propose to begin work on the project (impacts to “waters”) work on the project (impacts to “waters”)

and the date that the work is expected to be and the date that the work is expected to be completed.completed.

ALTERNATIVE ANALYSISALTERNATIVE ANALYSIS

To meet the compliance requirements of 40 To meet the compliance requirements of 40 Code of Federal Regulations (CFR) Part Code of Federal Regulations (CFR) Part

230.10(a), provide an alternative analysis to 230.10(a), provide an alternative analysis to the proposed project showing why there is the proposed project showing why there is

no other practicable alternative to the no other practicable alternative to the discharging of dredged or fill material to discharging of dredged or fill material to

“waters of the U.S.” that would cause less “waters of the U.S.” that would cause less adverse impact to the aquatic ecosystem. adverse impact to the aquatic ecosystem.

What is in the AAWhat is in the AA

The proposed alternative discussion should The proposed alternative discussion should include a No Action Alternative (forego the include a No Action Alternative (forego the proposed operation), a Proposed Action proposed operation), a Proposed Action Alternative (complete the action as Alternative (complete the action as proposed), and Alternatives Considered but proposed), and Alternatives Considered but Eliminated (move the operation to another Eliminated (move the operation to another location, reduce the size of the operation, location, reduce the size of the operation, and/or use alternative methods). and/or use alternative methods).

Examples for the AAExamples for the AA

NO ACTION ALTERNATIVE - NO ACTION ALTERNATIVE - What would What would be the result if you did forego the proposed be the result if you did forego the proposed project, in other words what if you don't project, in other words what if you don't mine through streams, open waters, or mine through streams, open waters, or wetlands that would otherwise be impacted?wetlands that would otherwise be impacted?

AA cont.AA cont.

PROPOSED ACTION ALTERNATIVE - PROPOSED ACTION ALTERNATIVE - What would be the result if the project was What would be the result if the project was completed as proposed? Impacts to aquatic completed as proposed? Impacts to aquatic resources vs. realization of coal recovery resources vs. realization of coal recovery (economics/energy needs/mitigation for (economics/energy needs/mitigation for impacts providing enhancement of aquatic impacts providing enhancement of aquatic functions)? functions)?

AA cont.AA cont.

ALTERNATIVES CONSIDERED - ALTERNATIVES CONSIDERED - What What alternatives were considered (and these should alternatives were considered (and these should have been considered - if not - please consider have been considered - if not - please consider them) but eliminated in favor of the action as it is them) but eliminated in favor of the action as it is proposed? Is it practical to go underground for proposed? Is it practical to go underground for these seams so as to avoid the waters, is it these seams so as to avoid the waters, is it practical to auger these seams so as to avoid the practical to auger these seams so as to avoid the waters, is it practical for you to go around the waters, is it practical for you to go around the aquatic resources altogether and leave that aquatic resources altogether and leave that reserve or a portion behind? Explain why or why reserve or a portion behind? Explain why or why not. If you considered other alternatives please not. If you considered other alternatives please include them.include them.

Application RequirementsApplication Requirements(Nationwide Permit 21)(Nationwide Permit 21)

Specific Issue – Minimal Impact Specific Issue – Minimal Impact DeterminationDetermination

Minimal Impact DeterminationMinimal Impact Determination

Information that will allow the District Engineer Information that will allow the District Engineer (DE) to determine if the proposed project would (DE) to determine if the proposed project would result in minimal adverse environmental effects on result in minimal adverse environmental effects on the aquatic environment, both individually and the aquatic environment, both individually and cumulatively. The DE will utilize this information cumulatively. The DE will utilize this information to determine if the proposed project should be to determine if the proposed project should be considered for a Nationwide Permit or should be considered for a Nationwide Permit or should be evaluated under a Standard (Individual) Permit evaluated under a Standard (Individual) Permit review process.review process.

Primarily for NWP # 21 Applications Can work together with Alternative Analysis


What constitutes a MID?What constitutes a MID? Inventory of existing aquatic resourcesInventory of existing aquatic resources Avoidance and MinimizationAvoidance and Minimization Impact Analysis - Loss of aquatic functions Impact Analysis - Loss of aquatic functions Mitigation - Gain of aquatic functions Mitigation - Gain of aquatic functions


Avoidance and MinimizationAvoidance and Minimization Are there practicable alternatives to the Are there practicable alternatives to the

proposed impacts. Discuss the other proposed impacts. Discuss the other alternatives considered.alternatives considered.

Demonstrate avoidance of “waters” that Demonstrate avoidance of “waters” that have high functions and values.have high functions and values.

Demonstrate sediment basins are as close Demonstrate sediment basins are as close to fill activities as practicable.to fill activities as practicable.

Application RequirementsApplication Requirements(All Permit Types)(All Permit Types)

ContinuedContinued

Quantify “Waters” to be ImpactedQuantify “Waters” to be Impacted

StreamsStreams Direct impacts - quantify area and flow regimes Direct impacts - quantify area and flow regimes

for streams to be directly impacted. This should for streams to be directly impacted. This should include all impacts such as mining through and include all impacts such as mining through and berm footprints (sediment basins).berm footprints (sediment basins).

Indirect impacts – quantify area of streams that Indirect impacts – quantify area of streams that would be otherwise impacted but not filled. Ex. would be otherwise impacted but not filled. Ex. sediment basin – linear footage within pool or from sediment basin – linear footage within pool or from sediment pool to nearest fill activity.sediment pool to nearest fill activity.


WetlandsWetlands

Provide delineation of the project site in Provide delineation of the project site in accordance with the ’87 Corps of Engineers accordance with the ’87 Corps of Engineers Wetlands Delineation Manual.Wetlands Delineation Manual.

Delineation must be submitted to the Corps for Delineation must be submitted to the Corps for

concurrence.concurrence.


Other Special Aquatic SitesOther Special Aquatic Sites

Includes Sanctuaries/Refuges, Mud flats, Includes Sanctuaries/Refuges, Mud flats, Vegetated Shallows, Coral reefs, and Riffle/Pool Vegetated Shallows, Coral reefs, and Riffle/Pool complexes.complexes.

Primarily Riffle/Pool complexes for this area.Primarily Riffle/Pool complexes for this area.

These sites must be delineated and included in These sites must be delineated and included in the application.the application.

Cumulative ImpactsCumulative Impacts

Must include an evaluation of the impacts of the Must include an evaluation of the impacts of the proposed activity which incorporates incremental proposed activity which incorporates incremental impacts of the proposed activity when added to impacts of the proposed activity when added to other past, present and reasonably foreseeable other past, present and reasonably foreseeable

future actions regardless of what agency or entity future actions regardless of what agency or entity undertakes them.undertakes them.

(Ex: mining, logging, agriculture and other land (Ex: mining, logging, agriculture and other land disturbance activities in the same watershed.)disturbance activities in the same watershed.)

QUESTIONS?QUESTIONS?

Assessment and Classification of Assessment and Classification of “Waters”“Waters”

Provide a description of the aquatic resources Provide a description of the aquatic resources that would be directly affected, as well as that would be directly affected, as well as

the resources in proximity (upstream, the resources in proximity (upstream, downstream and riparian areas) that would downstream and riparian areas) that would

be impacted indirectly.be impacted indirectly.


StreamsStreams

Provide a description of stream quality utilizing Provide a description of stream quality utilizing approved assessment/classification approved assessment/classification

methodologies.methodologies.


Common methodologies utilized include:Common methodologies utilized include:

U.S. EPA U.S. EPA Rapid Bioassessment Protocol for Rapid Bioassessment Protocol for Use in Wadeable Streams and RiversUse in Wadeable Streams and Rivers

Rosgen’s Rosgen’s Applied River MorphologyApplied River Morphology

Use of USEPA RBPUse of USEPA RBP

Use of USEPA RBPUse of USEPA RBP

Stream ExamplesStream Examples

Use of RosgenUse of Rosgen

Use of RosgenUse of Rosgen

Stream AssessmentStream Assessment

Assessments must include information on the stream pattern, Assessments must include information on the stream pattern, profile and dimensions.profile and dimensions.

PATTERN – sinuosity, meander (wavelength), belt width, PATTERN – sinuosity, meander (wavelength), belt width,

radius of curvature.radius of curvature. PROFILE – slope, riffle/pool sequence, step/pool PROFILE – slope, riffle/pool sequence, step/pool

sequence.sequence. DIMENSION – channel width, bankfull width, mean depth, DIMENSION – channel width, bankfull width, mean depth,

maximum depth, bankfull depth, width/depth ratio, flood maximum depth, bankfull depth, width/depth ratio, flood prone width, entrenchment ratio. prone width, entrenchment ratio.


The description shall provide a functional The description shall provide a functional assessment of the streams within the project assessment of the streams within the project

area and how the proposed project will area and how the proposed project will impact those functions and values.impact those functions and values.


Provide a chemical analysis of the waters Provide a chemical analysis of the waters proposed to be impacted and compare to proposed to be impacted and compare to

the quality of the greater watershed. the quality of the greater watershed.

Wetland AssessmentWetland Assessment

Provide acreage and wetland types to be Provide acreage and wetland types to be impacted (HGM subclass and Cowardin impacted (HGM subclass and Cowardin Classification.)Classification.)

Provide an assessment of the functions and Provide an assessment of the functions and values of the wetland(s) (hydrologic, values of the wetland(s) (hydrologic, biogeochemical, habitat and food support).biogeochemical, habitat and food support).

Stream/Wetland AssessmentStream/Wetland Assessment

All data sheets must be submitted to the All data sheets must be submitted to the Corps with the stream/wetland Corps with the stream/wetland assessment(s). Dates that the work was assessment(s). Dates that the work was completed, contact information for the completed, contact information for the assessor, and a site map (photos) assessor, and a site map (photos) referencing data collection points to the data referencing data collection points to the data sheets must be included.sheets must be included.

Compensatory MitigationCompensatory Mitigation

Mitigation and monitoring plan (plan) must be Mitigation and monitoring plan (plan) must be submitted with an application that proposes submitted with an application that proposes impacts to “waters”.impacts to “waters”.

The plan must document how the mitigation The plan must document how the mitigation proposal offsets the functional losses of the proposal offsets the functional losses of the proposed project’s impacts.proposed project’s impacts.

Corps recommends submitting the plan as a Corps recommends submitting the plan as a stand-alone document or an attachment/appendix stand-alone document or an attachment/appendix to the application.to the application.

Mitigation TypesMitigation Types

Establishment (creation)Establishment (creation) RestorationRestoration EnhancementEnhancement Protection/maintenance (preservation)Protection/maintenance (preservation)

Applicants may propose the use of mitigation Applicants may propose the use of mitigation banks or in-lieu fee arrangements as banks or in-lieu fee arrangements as alternatives to the above.alternatives to the above.

MitigationMitigation

Amount of mitigation can be based on either Amount of mitigation can be based on either functional replacement and/or linear functional replacement and/or linear footage/acreage.footage/acreage.

Utilize baseline assessments (location, size, Utilize baseline assessments (location, size, type, quality, etc.) to determine mitigation type, quality, etc.) to determine mitigation requirements. requirements.


Site SelectionSite Selection

Detail the factors considered in the site selection Detail the factors considered in the site selection process. These could include:process. These could include:

Watershed considerations/needsWatershed considerations/needs PracticabilityPracticability Adjacent land usesAdjacent land uses Presence/Absence of nuisance/exotic species in Presence/Absence of nuisance/exotic species in

the vicinity of the mitigation areathe vicinity of the mitigation area


Measurable Goals and ObjectivesMeasurable Goals and Objectives

Provide a discussion of the functions and Provide a discussion of the functions and values of the resource(s) to be impacted values of the resource(s) to be impacted and compare that to the functions and and compare that to the functions and

values proposed in the mitigation.values proposed in the mitigation.


TimeTime

Provide expected time sequence of the various aspects of Provide expected time sequence of the various aspects of mitigation construction and commencement of monitoring. mitigation construction and commencement of monitoring.

These could include:These could include:

Construction timeframes (i.e. creation of channel, grading, Construction timeframes (i.e. creation of channel, grading, installation of in-stream structures, etc.)installation of in-stream structures, etc.)

Planting datesPlanting dates First monitoring eventFirst monitoring event


At a minimum the plan should consist of the At a minimum the plan should consist of the following:following:

Boundaries of proposed mitigation siteBoundaries of proposed mitigation site Construction methods, timing and sequencingConstruction methods, timing and sequencing Elevations and slopesElevations and slopes Hydrology and hydrologic source Hydrology and hydrologic source Connectivity to other watersConnectivity to other waters Proposed plantingsProposed plantings Control of volunteer and invasive vegetation, andControl of volunteer and invasive vegetation, and


At a minimum the plan should consist of the At a minimum the plan should consist of the following (cont.):following (cont.):

Erosion controlErosion control Geomorphology and special stream structuresGeomorphology and special stream structures Site management, maintenance plan, and long Site management, maintenance plan, and long

term plan for the site.term plan for the site.

Stream MitigationStream Mitigation

Provide existing vs proposed pattern,

profile anddimensions



Submit a typical existing and proposed Submit a typical existing and proposed pattern. pattern.

Typical Stream Restoration/CreationTypical Stream Restoration/Creation

Provide typical design plans illustrating proposed structures Provide typical design plans illustrating proposed structures to be utilized. These structures can be used to provide to be utilized. These structures can be used to provide

functional replacement and enhancement.functional replacement and enhancement.

Typical Stream Restoration/Creation Typical Stream Restoration/Creation

Utilize what is available.Utilize what is available.

Typical Stream Restoration/Creation Typical Stream Restoration/Creation Utilize what is available.Utilize what is available.


Instead of utilizing uniform rip rap lined Instead of utilizing uniform rip rap lined chutes/channels, design a stable channel to chutes/channels, design a stable channel to achieve a higher mitigation credit and a more achieve a higher mitigation credit and a more

stable site.stable site.


Useful sites to find examples of design Useful sites to find examples of design standardsstandards. .

hhttp://www.bae.ncsu.edu/programs/extension/wqg/sri/streamttp://www.bae.ncsu.edu/programs/extension/wqg/sri/stream_rest_guidebook/guidebook.html_rest_guidebook/guidebook.html

http://www.wildlandhydrology.com/http://www.wildlandhydrology.com/

http://www.mde.state.md.us/Programs/WaterPrograms/Wehttp://www.mde.state.md.us/Programs/WaterPrograms/Wetlands_Waterways/documents_information/guide.asptlands_Waterways/documents_information/guide.asp

* List is not all inclusive* List is not all inclusive

http://www.bae.ncsu.edu/programs/extension/wqg/sri/stream_rest_guidebook/guidebook.html



http://www.wildlandhydrology.com/

http://www.mde.state.md.us/Programs/WaterPrograms/Wetlands_Waterways/documents_information/guide.asp

http://www.mde.state.md.us/Programs/WaterPrograms/Wetlands_Waterways/documents_information/guide.asp


Riparian PlantingsRiparian Plantings

Proposed plantings should target hard mast Proposed plantings should target hard mast producing species, but can be project producing species, but can be project

dependent.dependent.


Planting guidelines for Forested portion of Planting guidelines for Forested portion of Riparian MitigationRiparian Mitigation

Bare Root Seedlings RPM* tree’s

Planting rate Minimum 450 seedlings/acre 60 2-3 gallon containers/acre

Percentage for one speciesat initial planting

No one species may makeup more than 20% of initial

planting (min 5 spp)



Monitoring Period

5 years** 3-5 years**TBD by project

Percentage for one speciesat final count

No one species may makeup more than 25% of final

surviving stock


surviving stock

Survival Requirement 80% of initial stock*** 90% initial stock***


Planting guidelines for Scrub/Shrub Planting guidelines for Scrub/Shrub component of Riparian Mitigationcomponent of Riparian Mitigation



Percentage for one speciesat initial planting





Monitoring Period

5 years** 3-5 years**TBD by project

Percentage for one speciesat final count


surviving stock


surviving stock

Survival Requirement 50% of initial stock*** 90% initial stock***


Planting guidelines for Herbaceous Planting guidelines for Herbaceous component of Riparian Mitigationcomponent of Riparian Mitigation

Planting Rate Broadcast or transplant to be determined by individual permit review.

Species per acre Minimum of five species

Monitoring Period

5 years**

Ground Cover Requirement

Planted species must account for 70% ground cover at the end of monitoring

Ground Cover for individual species

No one species may comprise more than 40% of the final cover


Planting GuidelinesPlanting Guidelines

Notes: 1 – All proposed planting lists must be resubmitted to Notes: 1 – All proposed planting lists must be resubmitted to the Corps for final approval prior to the Corps for final approval prior to planting.planting.

2 – Individual permit reviews may require that the 2 – Individual permit reviews may require that the vegetative mitigation zones be managed to vegetative mitigation zones be managed to

provide 2 or 3 components. See provide 2 or 3 components. See project manager for specific criteria in those project manager for specific criteria in those

cases. cases. 3 - These guidelines are subject to change 3 - These guidelines are subject to change

according to permit needs and do not cover all according to permit needs and do not cover all mitigation monitoring and success mitigation monitoring and success requirements. requirements.

Success Criteria for Stream Success Criteria for Stream MitigationMitigation

The plan must include measurable The plan must include measurable success criteria.success criteria.

Examples:Examples: Minimum 90% of the mitigation stream linear footage will Minimum 90% of the mitigation stream linear footage will

score in the “sub-optimal” or “optimal” range for epifaunal score in the “sub-optimal” or “optimal” range for epifaunal substrate category as outlined in the RBPsubstrate category as outlined in the RBP

Provide stable width/depth ratio.Provide stable width/depth ratio. Stable Rosgen Type “?” streamStable Rosgen Type “?” stream Maintain stable riffle/pool sequence similar to design “ABC” Maintain stable riffle/pool sequence similar to design “ABC”

(riffle/pool ratio one per 300 linear feet of stream)(riffle/pool ratio one per 300 linear feet of stream) Riparian vegetation plantings will carry 80% survival rate at Riparian vegetation plantings will carry 80% survival rate at

end of 5 year monitoring period. end of 5 year monitoring period.


Wetland MitigationWetland Mitigation

Provide existing wetland data such as a map Provide existing wetland data such as a map showing delineation data collection points, source showing delineation data collection points, source of hydrology and connectivity.of hydrology and connectivity.

Provide design information illustrating how wetland Provide design information illustrating how wetland mitigation would be constructed. Avoid over mitigation would be constructed. Avoid over designing a project with features (water control designing a project with features (water control structures) that require long term management. structures) that require long term management. Design mitigation to be self sustaining.Design mitigation to be self sustaining.

Wetland Mitigation DesignWetland Mitigation Design

Wetland Mitigation DesignWetland Mitigation Design


Forested Wetland PlantingsForested Wetland Plantings

Proposed plantings should target hard mast Proposed plantings should target hard mast producing species, but can be project producing species, but can be project

dependent.dependent.


Planting guidelines for Forested Planting guidelines for Forested component of Wetland Mitigationcomponent of Wetland Mitigation



Percentage for one species

at initial planting





Monitoring Period 5 years** 3-5 years**TBD by project


at final count


surviving stock


surviving stock

Survival Requirement

50% of initial stock*** 90% initial stock***

Indicator Status Complete community must carry greater than 70 % Fac or wetter status

Complete community must carry greater than 70 % Fac or wetter status


Planting guidelines for Scrub/Shrub Planting guidelines for Scrub/Shrub component of Wetland Mitigationcomponent of Wetland Mitigation




at initial planting





Monitoring Period 5 years** 3-5 years**TBD by project


at final count


surviving stock


surviving stock

Survival Requirement

50% of initial stock*** 90% initial stock***

Indicator Status Complete community must carry greater than 70 % Fac or wetter status

Complete community must carry greater than 70 % Fac or wetter status


Planting guidelines for Herbaceous Planting guidelines for Herbaceous component of Wetland Mitigationcomponent of Wetland Mitigation

Planting Rate Broadcast or transplant to be determined by individual permit review.

Species per acre Minimum of five species

MonitoringPeriod

5 years**

Ground Cover Requirement

Planted species must account for 70% ground cover at the end of monitoring

Ground Cover for individual species

No one species may comprise more than 30% of the final cover. At least 70 % of the surviving ground cover

Must carry a Fac or wetter indicator status


Planting GuidelinesPlanting Guidelines

Notes: 1 – All proposed planting lists must be resubmitted to Notes: 1 – All proposed planting lists must be resubmitted to the Corps for final approval prior the Corps for final approval prior to planting.to planting.

2 – Individual permit reviews may require that the 2 – Individual permit reviews may require that the vegetative mitigation zones be vegetative mitigation zones be

managed to managed to provide 2 or provide 2 or 3 components. See3 components. See

project manager for specific criteria in those project manager for specific criteria in those cases. cases.

3 - These guidelines are subject to change 3 - These guidelines are subject to change according to permit needs and do not according to permit needs and do not

cover all cover all mitigation monitoring and mitigation monitoring and success requirements. success requirements.

Success Criteria for Wetland Success Criteria for Wetland MitigationMitigation

The plan must include measurable The plan must include measurable success criteria.success criteria.

Examples:Examples: Tree density will be 450 trees/acre at the end of the Tree density will be 450 trees/acre at the end of the

monitoring periodmonitoring period At the end of the monitoring period the mean density per At the end of the monitoring period the mean density per

acre of trees should match the proposed mean density per acre of trees should match the proposed mean density per acre of trees initially planted and shall be composed of at acre of trees initially planted and shall be composed of at least 50% of the approved plant species.least 50% of the approved plant species.

A wetland delineation will be conducted and the mitigation A wetland delineation will be conducted and the mitigation area will meet the definition of a wetland as defined in the area will meet the definition of a wetland as defined in the Corps ’87 Manual.Corps ’87 Manual.

Mitigation Monitoring RequirementsMitigation Monitoring Requirements

Minimum 5 year monitoring period.Minimum 5 year monitoring period. Biannual monitoring event documented in annual report, Biannual monitoring event documented in annual report,

which is due January 30 for the previous year.which is due January 30 for the previous year. As-built plans for any mitigation areas constructed within As-built plans for any mitigation areas constructed within

the previous year must be submitted with the annual report the previous year must be submitted with the annual report (due January 30). (due January 30).

Mitigation assessments must utilize the same methodology Mitigation assessments must utilize the same methodology as was used to document baseline conditions. as was used to document baseline conditions.

The report shall document and discuss the progress of the The report shall document and discuss the progress of the mitigation areas towards meeting the success criteria in the mitigation areas towards meeting the success criteria in the mitigation plan/permit conditions. See RGL 06-03. mitigation plan/permit conditions. See RGL 06-03.

The report shall include permanent photo/assessment The report shall include permanent photo/assessment stations to be utilized throughout the monitoring period.stations to be utilized throughout the monitoring period.


Vegetation Portion of MitigationVegetation Portion of Mitigation


Monitoring Period 5 Years 3-5 YearsTBD by project

Inspection Schedule Biannual inspection – First and Last Month of the Growing Season

Biannual inspection – First and Last Month of the Growing Season

Annual Reports Due by January 31 after the first full growing season Due by January 31 after the first full growing season

Mitigation Monitoring RequirementsMitigation Monitoring RequirementsPhoto StationsPhoto Stations

Streams Wetlands

Reporting requirement Utilized for each annualmonitoring report

Utilized for each annualmonitoring report

Rate 1 per 300 linear feet ofPerennial Stream

1 per 500 linear feet ofIntermittent Stream

1 per 1500 linear feet ofEphemeral Stream

1 station per 3 acres perwetland classification

Notes: 1 – Photo stations should be selected to reflect data collected at the mitigation site (i.e.. stream structures, wetland conditions). 2 – These stations must be mapped and utilized throughout monitoring for comparative purposes.


Utilize baseline assessment methodologies Utilize baseline assessment methodologies to evaluate both physical and chemical to evaluate both physical and chemical

characteristics.characteristics.


Responsible PartiesResponsible Parties

Identify all responsible parties for completing Identify all responsible parties for completing the proposed project, mitigation the proposed project, mitigation

construction, monitoring, and reporting. construction, monitoring, and reporting.


Site ProtectionSite Protection

Discuss what protection the mitigation site will Discuss what protection the mitigation site will be afforded (e.g. conservation easement, be afforded (e.g. conservation easement,

deed restriction, etc.).deed restriction, etc.).


Mitigation SuccessMitigation Success

Mitigation success is determined by the Corps Mitigation success is determined by the Corps based upon monitoring reports and field based upon monitoring reports and field

inspections.inspections.


Contingency Plan

Reporting Protocol: If a success criterion is not met for all or any portion of the

compensatory mitigation project, and/or if the success criteria are not satisfied, the permittee shall prepare an analysis of the cause(s) of failure. If determined necessary by the Corps, the permittee shall propose remedial action for the failure.

Response to unsuccessful remediation: Indicate course of action to be taken in the event that the

Corps determines the compensatory mitigation cannot be successfully achieved at the intended site.

Other Required InformationOther Required Information

Section 7 of the Endangered Species Act Section 7 of the Endangered Species Act Provide any correspondence and information Provide any correspondence and information regarding coordination with the United States Fish and regarding coordination with the United States Fish and Wildlife Service (USFWS)Wildlife Service (USFWS)

National Historic Preservation ActNational Historic Preservation Act Provide any correspondence and information regarding Provide any correspondence and information regarding

coordination with the State Historic Preservation Officer coordination with the State Historic Preservation Officer (SHPO).(SHPO).

*this information would include any surveys. *this information would include any surveys.

Other Required InformationOther Required Information

Description of the physical and chemical Description of the physical and chemical properties of the geologic strata that will be properties of the geologic strata that will be used for reclamation at the mitigation site used for reclamation at the mitigation site (i.e. stream substrate and overburden).(i.e. stream substrate and overburden).

Pre and post mine land use information (i.e. Pre and post mine land use information (i.e. text and map).text and map).

Prime and Unique Farmland acreagePrime and Unique Farmland acreage

Application SubmittalApplication Submittal

Initially submit one copy for Corps review. Initially submit one copy for Corps review. Once the review is complete and revisions Once the review is complete and revisions complete, if necessary, submit one original complete, if necessary, submit one original and five copies. Copies may be on CD, but and five copies. Copies may be on CD, but make sure to include one hardcopy for the make sure to include one hardcopy for the

Corps office file and public review.Corps office file and public review.

* Please remember, each project has unique circumstance and may * Please remember, each project has unique circumstance and may require additional information specific to that project.require additional information specific to that project.

Contact InformationContact Information

US Army Corps Of EngineersUS Army Corps Of Engineers

Newburgh Regulatory OfficeNewburgh Regulatory Office

PO Box 489PO Box 489

6855 State Road 66*6855 State Road 66*

Newburgh, IN 47620Newburgh, IN 47620*For UPS/Fed Ex the zip code is 47630 *For UPS/Fed Ex the zip code is 47630

(812)853-5631(812)853-5631

Project ManagersProject Managers

Mike Ricketts (812)853-0472Mike Ricketts (812)853-0472 Sam Werner (812)842-2768Sam Werner (812)842-2768 Katie McCafferty(812)853-9713Katie McCafferty(812)853-9713 George DeLancey(812)842-2807George DeLancey(812)842-2807 Rusty Retherford(812)853-7632Rusty Retherford(812)853-7632 Jarrod Bonnick(812)853-9715Jarrod Bonnick(812)853-9715


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Application and Mitigation Requirements

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